Bill Text: IL HB2961 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB2961 Detail]

Download: Illinois-2023-HB2961-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2961 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507
625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
Amends the Illinois Vehicle Code. Provides that a driver of a commercial motor vehicle who hauls harvest goods for a farm is waived from the requirements of provisions concerning a requirement for a commercial driver's license or a commercial learner's permit when the driver: (1) is the owner or an employee of the farm hauling the harvest goods; and (2) is within a 150-mile radius of the farm hauling the harvest goods. Provides that an individual who operates a commercial driver's license for farm vehicles shall be exempt from new testing requirements if the farm vehicle is used in the State and is used for agricultural purposes.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-507 and 6-508 as follows:
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) or
Commercial Learner's Permit (CLP) required.
(a) Except as expressly permitted by this UCDLA, or when
driving pursuant to the issuance of a commercial learner's
permit and accompanied by the holder of a CDL valid for the
vehicle being driven; no person shall drive a commercial motor
vehicle on the highways without:
(1) a CDL in the driver's possession;
(2) having obtained a CLP or CDL;
(3) the proper class of CLP or CDL or endorsements or
both for the specific vehicle group being operated or for
the passengers or type of cargo being transported; or
(4) a copy of a medical variance document, if one
exists, such as an exemption letter or a skill performance
evaluation certificate.
(a-5) A CLP or CDL holder whose CLP or CDL is held by this
State or any other state in the course of enforcement of a

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motor vehicle traffic code and who has not been convicted of a
disqualifying offense under 49 C.F.R. 383.51 based on this
enforcement, may drive a CMV while holding a dated receipt for
the CLP or CDL.
(b) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways while
such person's driving privilege, license, or permit is:
(1) Suspended, revoked, cancelled, or subject to
disqualification. Any person convicted of violating this
provision or a similar provision of this or any other
state shall have their driving privileges revoked under
paragraph 12 of subsection (a) of Section 6-205 of this
Code.
(2) Subject to or in violation of an "out-of-service"
order. Any person who has been issued a CLP or CDL and is
convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i)
of Section 6-514 of this Code.
(3) Subject to or in violation of a driver or vehicle
"out of service" order while operating a vehicle designed
to transport 16 or more passengers, including the driver,
or transporting hazardous materials required to be
placarded. Any person who has been issued a CLP or CDL and
is convicted of violating this provision or a similar
provision of this or any other state shall be disqualified

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from operating a commercial motor vehicle under subsection
(i) of Section 6-514 of this Code.
(b-3) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways during a
period which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who is convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i) of
Section 6-514 of this Code.
(b-5) Except as otherwise provided by this Code, no person
may operate a vehicle designed to transport 16 or more
passengers including the driver or hazardous materials of a
type or quantity that requires the vehicle to be placarded
during a period in which the commercial motor vehicle or the
motor carrier operation is subject to an "out-of-service"
order. Any person who is convicted of violating this provision
or a similar provision of any other state shall be
disqualified from operating a commercial motor vehicle under
subsection (i) of Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by FHWA
Docket No. MC-88-8, the driver of any motor vehicle controlled
or operated by or for a farmer is waived from the requirements
of this Section, when such motor vehicle is being used to
transport: agricultural products; implements of husbandry; or
farm supplies; to and from a farm, as long as such movement is

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not over 150 air miles from the originating farm. This waiver
does not apply to the driver of any motor vehicle being used in
a common or contract carrier type operation. However, for
those drivers of any truck-tractor semitrailer combination or
combinations registered under subsection (c) of Section 3-815
of this Code, this waiver shall apply only when the driver is a
farmer or a member of the farmer's family and the driver is 21
years of age or more and has successfully completed any tests
the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family
who operates a truck-tractor semitrailer combination or
combinations pursuant to this waiver shall be granted all of
the rights and shall be subject to all of the duties and
restrictions with respect to Sections 6-514 and 6-515 of this
Code applicable to the driver who possesses a commercial
driver's license issued under this Code, except that the
driver shall not be subject to any additional duties or
restrictions contained in Part 382 of the Federal Motor
Carrier Safety Regulations that are not otherwise imposed
under Section 6-514 or 6-515 of this Code.
For purposes of this subsection (c), a member of the
farmer's family is a natural or in-law spouse, child, parent,
or sibling.
As required under the Code of Federal Regulations 49 CFR
390.39, an operator of a covered farm vehicle, as defined
under Section 18b-101 of this Code, is exempt from the

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requirements of this Section. However, for drivers of any
truck-tractor semitrailer combination or combinations
operating as a covered farm vehicle, the driver must
successfully complete any tests the Secretary of State deems
necessary. When operating any truck-tractor semitrailer
combination as a covered farm vehicle, the exemption applies
only to persons age 21 or older, if operating the vehicle in
interstate driving, and to persons at least 18 years of age, if
operating the vehicle in intrastate driving. The Secretary may
adopt rules necessary to implement this Section.
(c-5) An employee of a township or road district with a
population of less than 3,000 operating a vehicle within the
boundaries of the township or road district for the purpose of
removing snow or ice from a roadway by plowing, sanding, or
salting is waived from the requirements of this Section when
the employee is needed to operate the vehicle because the
employee of the township or road district who ordinarily
operates the vehicle and who has a commercial driver's license
is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(c-10) A driver of a commercial motor vehicle used
primarily in the transportation of propane winter heating fuel
or a driver of a motor vehicle used to respond to a pipeline
emergency is waived from the requirements of this Section if
such requirements would prevent the driver from responding to
an emergency condition requiring immediate response as defined

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in 49 C.F.R. Part 390.5.
(c-15) A driver of a commercial motor vehicle who hauls
harvest goods for a farm is waived from the requirements of
this Section when the driver:
(1) is the owner or an employee of the farm hauling the
harvest goods; and
(2) is within a 150-mile radius of the farm hauling
the harvest goods.
(d) Any person convicted of violating this Section, shall
be guilty of a Class A misdemeanor.
(e) Any person convicted of violating paragraph (1) of
subsection (b) of this Section, shall have all driving
privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois
driver's license, for the type of vehicle being operated,
until the expiration of such license or April 1, 1992,
whichever is earlier; or
(2) A non-Illinois domiciliary who is properly
licensed in another State, until April 1, 1992. A
non-Illinois domiciliary, if such domiciliary is properly
licensed in another State or foreign jurisdiction, until
April 1, 1992.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and
Section 10 of P.A. 99-414 for the effective date of changes
made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff.

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7-22-16.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL);
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections
6-509 and 6-510 of this Code. The Secretary shall cause to
be administered such tests as the Secretary deems
necessary to meet the requirements of 49 CFR Part 383,
subparts F, G, H, and J.
(1.5) Effective July 1, 2014, no person shall be
issued an original CDL or an upgraded CDL that requires a
skills test unless that person has held a CLP, for a
minimum of 14 calendar days, for the classification of
vehicle and endorsement, if any, for which the person is
seeking a CDL.
(2) Third party testing. The Secretary of State may
authorize a "third party tester", pursuant to 49 CFR
383.75 and 49 CFR 384.228 and 384.229, to administer the
skills test or tests specified by the Federal Motor
Carrier Safety Administration pursuant to the Commercial
Motor Vehicle Safety Act of 1986 and any appropriate
federal rule.

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(3)(i) Effective February 7, 2020, unless the person
is exempted by 49 CFR 380.603, no person shall be issued an
original (first time issuance) CDL, an upgraded CDL or a
school bus (S), passenger (P), or hazardous Materials (H)
endorsement unless the person has successfully completed
entry-level driver training (ELDT) taught by a training
provider listed on the federal Training Provider Registry.
(ii) Persons who obtain a CLP before February 7, 2020
are not required to complete ELDT if the person obtains a
CDL before the CLP or renewed CLP expires.
(iii) Except for persons seeking the H endorsement,
persons must complete the theory and behind-the-wheel
(range and public road) portions of ELDT within one year
of completing the first portion.
(iv) The Secretary shall adopt rules to implement this
subsection.
(b) Waiver of Skills Test. The Secretary of State may
waive the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 CFR 383.77. The Secretary of State shall
waive the skills tests specified in this Section for a driver
applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 CFR 383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:

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(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(b-3) Exemption from new testing requirements for farm
vehicles. An individual who operates a commercial driver's
license for farm vehicles shall be exempt from new testing
requirements if the farm vehicle is used in the State and is
used for agricultural purposes.
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked, or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or
vehicle classification not present on the current CDL. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may
be met with the aid of a hearing aid.

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(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints
to the Illinois State Police in the form and manner
prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State
Police and Federal Bureau of Investigation criminal
history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a
medical examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,

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10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
subsection (b) of Section 8-1, and in subdivisions (a)(1),
(a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
of Section 12-3.05, and in subsection (a) and subsection
(b), clause (1), of Section 12-4, and in subsection (A),
clauses (a) and (b), of Section 24-3, and those offenses
contained in Article 29D of the Criminal Code of 1961 or
the Criminal Code of 2012; (ii) those offenses defined in
the Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a)
of Section 5 of the Cannabis Control Act; (iii) those
offenses defined in the Illinois Controlled Substances

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Act; (iv) those offenses defined in the Methamphetamine
Control and Community Protection Act; (v) any offense
committed or attempted in any other state or against the
laws of the United States, which if committed or attempted
in this State would be punishable as one or more of the
foregoing offenses; (vi) the offenses defined in Sections
4.1 and 5.1 of the Wrongs to Children Act or Section
11-9.1A of the Criminal Code of 1961 or the Criminal Code
of 2012; (vii) those offenses defined in Section 6-16 of
the Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act.
The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 CFR 383. A person may not operate a
school bus as defined in this Section without a school bus
endorsement. The Secretary of State may adopt rules consistent
with Federal guidelines to implement this subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)